Cal Health & Saf
Code § 11357 (2004)
§ 11357. Possession
(a) Except as authorized by law, every person who possesses any concentrated
cannabis shall be punished by imprisonment in the county jail for a period of
not more than one year or by a fine of not more than five hundred dollars ($
500), or by both such fine and imprisonment, or shall be punished by
imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses
not more than 28.5 grams of marijuana, other than concentrated cannabis, is
guilty of a misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($ 100). Notwithstanding other provisions of law, if such
person has been previously convicted three or more times of an offense
described in this subdivision during the two-year period immediately preceding
the date of commission of the violation to be charged, the previous convictions
shall also be charged in the accusatory pleading and, if found to be true by
the jury upon a jury trial or by the court upon a court trial or if admitted by
the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code
shall be applicable to him, and the court shall divert and refer him for
education, treatment, or rehabilitation, without a court hearing or
determination or the concurrence of the district attorney, to an appropriate
community program which will accept him. If the person is so diverted and
referred he shall not be subject to the fine specified in this subdivision. If
no community program will accept him, the person shall be subject to the fine
specified in this subdivision. In any case in which a person is arrested for a
violation of this subdivision and does not demand to be taken before a
magistrate, such person shall be released by the arresting officer upon
presentation of satisfactory evidence of identity and giving his written
promise to appear in court, as provided in Section 853.6 of the Penal Code, and
shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses
more than 28.5 grams of marijuana, other than concentrated cannabis, shall be
punished by imprisonment in the county jail for a period of not more than six
months or by a fine of not more than five hundred dollars ($ 500), or by both
such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age
or over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12 during hours the
school is open for classes or school-related programs is guilty of a
misdemeanor and shall be punished by a fine of not more than five hundred
dollars ($ 500), or by imprisonment in the county jail for a period of not more
than 10 days, or both.
(e) Except as authorized by law, every person under the age
of 18 who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12 during hours the
school is open for classes or school-related programs is guilty of a
misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($
250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($ 500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile
home for a period of not more than 10 days, or both, upon a finding that a
second or subsequent offense has been committed.